JUDGEMENT :- The question involved in this second appeal is fully covered by the two judgements of the Supreme Court. The first one reported in AIR 1982 SC 887 (Nagesh Bisto Desai v. Khando Tirmal Desai) and AIR 1984 SC 1121 (Anant Kibe v. Purushottam Rao). In fact both these judgements approve and affirm the judgement of Full Bench of this Court reported in (1977) 79 Bom LR 234 : (AIR 1977 Bom 350) (Laxmibai Sadashiv Date v. Ganesh Shankar Date).

2. It is unnecessary to state the facts of the case in detail because they have been set out quite sufficiently in the judgement of both the Courts below. They may be very briefly stated here in order to formulate the question involved here. The suit lands were the original sanadi inam lands. The original vatandar in whose favour the inam was given by the relevant vathukums had (sic) within the suit lands of impartable character, inheritable only by the leneal primogeniture. It appears that the plaintiff was in possession of the lands by virtue of the rule of primogeniture.

Later on the inams stood abolished by virtue of Merged Territories Miscellaneous Alienations Abolition Act, 1955. According to the plaintiff he paid the occupancy price

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